M1 T4 Legal Families across the world

Question 1

According to which legal families do approach legal systems?

Answer 1

1. Continental law
2. Common law
3. Oriental laws
4. Religious laws
5. Law in Africa

Question 2

Which 7 questions must be clarified within the families?

Answer 2

1. Concept of law
2. Geographical origin
3. Dissemination to other countries
4. Juridical foundation upon which it has evolved
5. Nature of legal rules
6. Legal structure
7. Principle source

must be considered with the greatest prudence as in any classification of a legal phenomena.

Question 3

On what basis did jurisprudence evolve in the Continental legal family tradition?

Answer 3

On the compilation of Roman Law by European universities since the 13th century that started out with the objective to develop a universal science of law.

Question 4

To what ideas are legal rules of the continental legal family linked, and what are their purposes?

Answer 4

Justice and morality with the purpose to achieve generality and universality

Question 5

What is the main legal source in the continental legal family?

Answer 5

Law, even though other legal sources exist

Question 6

In what legal family is law codified following a codification process since the 19th century?

Answer 6

The continental legal family

Question 7

In the continental legal family, law arises as…

Answer 7

Private law to regulate relations among citizens

Question 8

In the continental legal family, jurisprudence rest on the principle of…

Answer 8

Civil law. Other branches of law evolved later and more imperfectly.

Question 9

What is the preeminent category of law in the continental legal family?

Answer 9

Private law

Question 10

Where did the continental legal family originate, and to where has it spread?

Answer 10

It originated in western Europe, more specifically in Rome.

Today it is found in:
1. Latin America
2. Africa
3. Asia
(due to colonization)

4. Eastern Europe
   (through voluntary reception)

Question 11

Why is there a difference between Continental law applied in Western Europe and countries outside Europe?

Answer 11

Non-European states were governed by indigenous bodies of law where they both had to co-exist

Question 12

What is the legal basis of the common law legal tradition?

Answer 12

Formed by an original law created in English courts in the 11th century

Question 13

What is the main legal source in the common law legal family?

Answer 13

Case law, but legislation is hierarchically superior.

Question 14

What is the main objective of the common law legal tradition?

Answer 14

Find solutions for each particular dispute

Question 15

In which legal family is codification unnormal, even though some countries have codified some of their laws?

Answer 15

Common law legal family

Question 16

What is the preeminent category of law in the common law legal family?

Answer 16

Public law. Private law developed later and more imperfectly.

Question 17

What is the Crown’s relation to the development of the common law?

Answer 17

The king acted as the supreme court and judge as disputes between individuals could be taken to court if it was in the interest of the Crown or to the Kingdom.

Question 18

What is the historical origin of the common law legal system?

Answer 18

Middle Age England

Question 19

What is the Geographical dissemination of the Common law legal system?

Answer 19

1. Africa
2. Asia
3. America (has evolved separately and can claim its own place within the legal family and should be studied individually.)
   (due to colonization)

Question 20

Why must we distinguish those countries that belong to the western tradition of the common law and those that do not?

Answer 20

The co-existence of indigenous legal traditions and the common law, or other legal traditions derived from earlier colonial powers.

Question 21

What is the largest contrast between the western, or Islamic world, and the Oriental world on the view of law?

Answer 21

In the Oriental world, the concept of law is subject to question

Question 22

Why is the concept of law a subject to question in the oriental world?

Answer 22

1. Law is not a guarantee of order nor justice
2. An instrument of arbitrariness, a factor of disorder and oppression
3. ideal law decreed by lawmakers and followed in legal practice has never existed.

Question 23

What dominates within the Oriental law?

Answer 23

Individual conduct without legal consideration

Question 24

What does Oriental law search for?

Answer 24

Harmony and peace

Question 25

In what legal systems is conciliation or agreement valued higher than justice?

Answer 25

Oriental laws

Question 26

How do the oriental legal systems prefer to resolve conflict?

Answer 26

Through mediation before intervention by law

Question 27

How have Chinese legal traditions evolved?

Answer 27

The communist regime has moved away from the legal traditions of the empire and the codes inspired by western law.

It has also moved away from soviet law.

It now follows the dictates of Mao Zedong and the political reforms initiated by Deng Xiaoping.

Recent laws of western inspiration in the economic sphere have not altered the spirit in which they are applied.

Question 28

How have the Japanese legal traditions evolved?

Answer 28

Since the end of the 19th century: The introduction of codes following the European model.

After WWII: strong influence from the US

Question 29

Are people in Japan still reluctant to bring issues to court?

Answer 29

Yes

Question 30

What do Japanese judges encourage before judgment?

Answer 30

Litigants and settlement by conciliation

Question 31

Can we say that the legal family of religious laws is a true legal family?

Answer 31

No, they do not share a common juridical tradition.

Question 32

What is the uniting characteristic of the religious legal family?

Answer 32

The religious or philosophical nature. Law and Religion are synonymous

Question 33

35% of the world’s population live under…..

Answer 33

legal regimes based on religion

Question 34

What is the common origin of the countries under the Islamic family?

Answer 34

The common legal and cultural tradition of the Islamic faith originated in the 7th century when Mahomet received the doctrine and prospect on how Islamic peoples should be governed and organized from Allah

Question 35

What is the principal legal source in the Islamic family?

Answer 35

The Koran

Question 36

What is the Geographical distribution of the Islamic family?

Answer 36

North Africa

Middle East

Central Asia

Northern Oceania

Question 37

What is the nature of the Hindu law?

Answer 37

Basic convictions of philosophical or religious nature

Question 38

What are the basic convictions based upon?

Answer 38

the doctrine of the migration of the soul and Karma

Question 39

How does Karma affect society?

Answer 39

the social organization through the stratified system of hierarchical casts

Question 40

Where is the Hindu law located?

Answer 40

Indian sub-continent

Question 41

Can one classify the law in Africa into one legal family?

Answer 41

No, it is has a diversity of legal systems where indigenous and colonial laws co-exist. There is also the Islamic law in Norts Africa

Question 42

Why does the indigenous civilization of Africa continue to live by traditional customs even though they have been impacted by the legal system of the previous colonial power?

Answer 42

They find western laws artificial. The community is more important in Africa than the individual.

Question 43

What is special about the legal system of South Africa?

Answer 43

It is a paradigm of mixed legal system as it was first a Dutch colony with continental law, then a British colony with common law

Question 44

What are two pissble groupings of legal systems?

Answer 44

Western civilization and religious laws.